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FCC Pings Iowa Broadcaster for Antenna Violations

Owner asks FCC to reconsider penalty, but request is denied due to previous findings and late filing

It pays to keep that light on, to keep paperwork up to date and to pay close attention to the calendar.

Despite a request that the penalty be dismissed, the FCC confirmed a $11,000 fine against the Latin Broadcasting Co. for what the commission said are a handful of repeated violations: failing to keep required lighting on its antenna structure, failing to notify the FAA of a lighting outage, and failing to inform the FCC regarding a change in antenna structure ownership.

Additional heartache came in the form of a late filing. The FCC has a 30-day window for organizations to file petitions for reconsideration, but the LBC petition was filed a few days outside of that 30-day window.

Even if the FCC had the leeway to consider LBC’s petition, it would have been denied, the commission said. As it has in the past, the commission follows strict guidelines on reconsidering penalties handed down in a Memorandum and Order. Typically, only an omission, outright error or newly relevant facts will tempt the commission to reconsider its previous findings.

“LBC’s petition fails to present such information warranting reconsideration,” the FCC said in its Aug. 21 order. “Even if the petition was not time-barred, we would find that the Enforcement Bureau properly decided the matter raised and uphold the forfeiture order for the reasons stated therein.”

LBC is owner of station KDLS(FM), a commercial station in Perry, Iowa. The company has been given 30 days to submit payment of the fine.